EPA v. BASF CORPORATION

Case summary

9/14/12 - ADMINISTRATIVE ORDER ON CONSENT ISSUED. BASF FAILED TO COMPLY WITH THE PERMIT AND FOR DISCHARGES NOT AUTHORIZED BY THE PERMIT. ORDER REQUIRES: BEGINNING MONTHLY WITHIN 30 DAYS, OR DURING A QUALIFYING RAIN EVENT, UNTIL COMPLETION OF THE DRAINAGE SYSTEM FROM THE GENERAL REFUSE LANDFILL, BASF SHALL SAMPLE DISCHARGES FORM STORM WATER OUTFALL NO. 5 AND RECORD REAINFALL DATA. SAMPLING MUST BE PERFORMED IN ACCORDANCE WITH SECTION 4.2.1 OF THE PERMIT. EACH SAMPLE SHALL BE ANALYZED FOR TSS, TOTAL PHOSPHORUS, NH3-H, NITRATE-NITRITE, ORGANIC NITROGEN, pH AND TEMPERATURE; AND THE DURATION, AMOUNT OF RAINFALL AND ESTIMATE OF TOTAL VOLUME DISCHARGED FOR THAT RAIN EVENT SHALL BE RECORDED. BY DEC 15, 2012, BASF SHALL COMPLETE CONSTRUCTION OF A DIVERSION SYSTEM FROM THE GENERAL REFUSE LANDFILL TO REDIRECT DISCHARGES TO THE NPDES PERMITTED TREATMENT SYSTEM. WITHIN 30 DAYS, BASF SHALL MODIFY THE SWP3 TO INCLUDE: - ASSESSMENT OF ALL POTENTIAL POLLUTANT SOURCES FROM THE GENERAL REFUSE LANDFILL, INCLUDNG IDENTIFICATION AND INVENTORY OF ALL MATERIALS POTENTIALLY EXPOSED TO PRECIPITATION; - A DETAILED SITE MAP INDICATING THE OUTLINE OF EACH DRAINAGE AREA TO ITS CORRESPONDING STORM WTAER OUTFALL, INCLUDING BUT NOT LIMITED TO THE GENERAL REFUSE LANDFILL. SUCH DELINEATION SHOULD INCLUDE THE BOUNDARIES OF THE 175-ACRE INDUSTRIAL, PRODUCTION AND PROCESS AREAS AND THE BOUNDARIES OF THE 570-ACRE AREA COVERED BY THE PERMIT; - DEVELOPMENT AND IMPLEMENTATION OF APPROPRIATE BMPs FOR, AT A MINIMUM, THE GENERAL REFUSE LANDFILL; - PROCEDURES TO PERFORM AND DOCUMENT VISUAL EXAMINATIONS OF DISCHARGES WITHIN THE FIRST 30 MINUTES OF DISCHARGE FROM A QUALIFYING STORM EVENT; - PROCEDURES FOR SIGNING AND CERTIFYING NON-STORM WATER DISCHARGE CERTIFICATIONS, INCLUDING BUT NOT LIMITED TO, AMENDING OR CORRECTING THE SEPT 9, 2010, NON-STORM WATER DISCHARGE CERTIFICATION; - IDENTIFICATION, DEVELOPMENT, IMPLEMENTATOIN AND MAINTENANCE PROCEDURES OF ADEQUATE EROSION AND SEDIMENT BMPs FOR, AT A MINIMUM, THE STORMWATER OUTFALLS, INCLUDING THE SLOPED AREAS, GUARD RAILS, RIPRAP AND ROCK OUTLET PROTECTOIN, AND THE INTAKE PIPE AREA; AND - PROCEDURES FOR CONDUCTING ANNUAL COMPREHENSIVE SITE INSPECTION TO INCLUDE THE TIMELY EVALUATION OF SAMPLING DATA, AND THE EVALUATION OF THE ADEQUACY OF BMPs AT ALL STORAGE OR DISPOSAL AREAS EXPOSED TO PRECIPITATION, INCLUDING BUT NOT LIMITED TO, THE GENERAL REFUSE LANDFILL. WITHIN 30 DAYS, BASF SHALL DEVELOP AND IMPLEMENT SAMPLING AND RECORDKEEPING PROCEDURES TO ENSURE THAT ALL ANNUAL STORM WATER SAMPLES ARE TAKEN DURING THE FIRST 30 MINUTES OF DISCHARGE DURING A QUALIFYING STORM EVENT, AND THAT THE DURATION, AMOUNT OF RAINFALL AND ESTIMATE OF TOTAL VOLUME DISCHARGED FOR THAT RAIN EVENT IS RECORDED. WITHIN 30 DAYS, BASF SHALL DEVELOP AND IMPLEMENT SAMPLING AND MEASUREMENT PROCEDURES THAT ARE REPRESENTATIVE OF THE MONITORED ACTIVITIES, INCLUDING SAMPLING AT THE GENERAL REFUSE LANDFILL AND AT STORM WATER OUTFALLS NO 4 AND NO 5 ASSOCIATED WITH THE INDUSTRIAL ACTIVITY. BY JAN 15, 2013, BASF SHALL SUBMIT DOCUMENTATION THAT THE REQUIREMENTS OF THE AOC HAVE BEEN MET.

Defendants (1)

• BASF CORPORATIONNamed in settlement

Facilities (2)

• BASF CATALYST, LLC

  141 ENGELHARD ROAD, ATTAPULQUS, GA, 39815

  Registry ID: 110007248683

• BASF CATALYST, LLC

  141 ENGELHARD ROAD, ATTAPULQUS, GA, 39815

  Registry ID: 110007248683

Statutes cited

• CWA 301 — NPDES Discharge without a Permit
• CWA 301/402 — NPDES Permit Violations

Enforcement conclusions (1)

• BASF CORPORATIONentered 2012-09-14

  Primary law: CWA

Timeline (4 milestones)

• 2012-09-14Final Order Issued
• 2012-09-18Enforcement Action Data Entered
• 2013-01-01Enforcement Action Closed
• 2013-01-01NPDES Closed